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YARLS v. BUNTON

No. 17-30779.

905 F.3d 905 (2018)

Darwin YARLS, Jr., Leroy Shaw, Jr., and Douglas Brown, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Derwyn BUNTON, in his official capacity as Chief District Defender for Orleans Parish, Louisiana; James T. Dixon, Jr., in his official capacity as Louisiana State Public Defender, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 4, 2018.

Attorney(s) appearing for the Case

Bruce Hamilton , American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, Brandon Buskey , American. Civil Liberties Union Foundation of New York, New York, NY, for Plaintiffs-Appellants.

Mark Christopher Surprenant , Sara C. Valentine, Esq. , Adams & Reese, L.L.P., New Orleans, LA, for Derwyn Bunton.

John M. Landis, Esq. , Maggie Anne Broussard , Stone Pigman Walther Wittmann, L.L.C., New Orleans, LA, for James T. Dixon, Jr.

Before JOLLY, ELROD, and WILLETT, Circuit Judges.

This is a constitutional challenge to Louisiana public defenders' practice — now discontinued — of placing indigent, non-capital defendants on waitlists for appointed counsel. Appellants allege this practice, the result of chronic budgetary shortfalls, violates poor defendants' Sixth and Fourteenth Amendments...

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